What is the significance of WTO membership and UPOV Contracting Party status for plant patent priority claims?
The significance of WTO (World Trade Organization) membership and UPOV (International Union for the Protection of New Varieties of Plants) Contracting Party status lies in their role as qualifying criteria for plant patent priority claims. These international agreements ensure a level of standardization and reciprocity in plant variety protection. MPEP 1613 specifies: “Pursuant to 35…
Read MoreWhich countries’ plant breeder’s rights applications can be used for U.S. plant patent priority?
U.S. plant patent applications can claim priority based on plant breeder’s rights applications filed in two categories of countries: WTO (World Trade Organization) member countries Foreign UPOV (International Union for the Protection of New Varieties of Plants) Contracting Parties This is specified in MPEP 1613, which states: “Pursuant to 35 U.S.C. 119(f), an application for…
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